Loading...
HomeMy WebLinkAbout2006 10 05 Public Hearing 201 Jetta Point .. . . BOARD OF ADJUSTMENT AGENDA ITEM 201 Consent Informational Public Hearing X Regular October 5. 2006 Meeting Mgr. / Dept Authorization REQUEST: The Community Development Department presents to the Board of Adjustment a request for a conditional use to allow a Seminole County park at Jetta Point, pursuant to sections 20-33 and 20-234 ofthe City Code of Ordinances. PURPOSE: The purpose of this agenda item is to consider a request by Seminole County to construct a park at J etta Point, an area located on the south side of SR 434, just west of the Greeneway (SR 417) and including the existing Cross Seminole trailhead. The majority of the subject property is located within the City of Winter Springs (some of the southern part is located within the City of Oviedo - approvals for that portion of the park are being processed through Oviedo). Only the portion of the site that is located within the C-l zoning district within the City of Winter Springs is part of this conditional use. The applicant is pursuing a Florida Communities Trust grant and has stated that some construction must commence before the end of the year to receive the grant. APPLICABLE REGULATIONS: Chapter 163, Florida Statutes Comprehensive Plan Development Agreement Settlement Agreement Chapter 20, Division 7, C-l Neighborhood Commercial Districts Sec. 20-261. Conditional Uses. Sec. 20-82. Duties and powers, general. Sec. 20-33. Procedures. Sec. 20-103. Restrictions upon lands, buildings and structures. .. . . October 6,2005 Public Hearing Item 401 Page 2 CONSIDERATIONS: Seminole County has acquired approximately 45 acres along the west side of the Greeneway (SR 417), south of SR 434. About 35.5 acres are within the City of Winter Springs and about 9.5 acres are within the City of Oviedo. Most of the subject property within Winter Springs has a Commercial Future Land Use (FLU) designation - the small triangular-shaped property surrounded by the trail has a Medium Density Residential FLU. About one third of the subject property within Winter Springs is within the Tuscawilla Planned Unit Development (PUD) and the remaining portion is within the C-l Neighborhood Commercial zoning district. An existing power line extends generally north and south between the PUD and C-l portions ofthe site through a 10' wide Florida Power Corporation easement. The portion within the Tuscawilla pun is subject to a development agreement and a court settlement agreement. These documents restrict the uses within the commercial portion of the PUD and do not list a park as a permissible or conditional use there. Therefore no park development within the PUD portion of the site can be addressed through this conditional use request for the Jetta Point property that is located within the PUD. The City Attorney was notified as soon as staff identified the problem and immediately prescribed an efficient alternative to provide the park in both the PUD and C-l portions of the property. He prescribed an administrative FLU amendment and joint planning agreement (JPA) that would also address the approval process, as well as construction and operation of the park. The County has opted to pursue the conditional use alternative. An administrative comprehensive plan amendment is being processed to change the FLU of the both the PUD and C-l portions of the site from Commercial and Medium Density Residential to the Recreation and Open Space designation. It is scheduled for a public hearing at the Local Planning Agency/Planning and Zoning Board meeting on October 4 and for the City Commission on October 23. A meeting is scheduled at City Hall for the evening of October 2, for the applicant to meet with interested citizens, explain the proposal, and discuss concerns. Along with following proper procedure pursuant to the Comprehensive Plan, City Code, the development agreement, and the settlement agreement, the City has expressed a desire that the park be designed to adequately address parking, noise, and lighting. Hours of operation; the distance from the active playing fields or parking to the adjacent residences; the location, height, fixture type, and time of illumination; and types, frequency, and scheduling of events (particularly tournaments) to be held a the park and their impact on parking, ingress, egress, and emergency response must be addressed to adequately protect the adjacent residences, primarily in Eagles Watch, maintain safe and efficient traffic movements to and from the park, and maintain the public safety. As part of the fmal engineering/site plan process, a traffic study will be required. It must identify any necessary improvements (off-site or on-site) to support the proposed park. The City will also require verification that sufficient on-site parking is being proposed to meet the parking demand. Proper disposition of the existing power line vis-a-vis the proposed playing fields is another pertinent issue. October 6, 2005 Public Hearing Item 401 Page 3 To alleviate traffic and parking concerns, the site plan process $bould carefully consider provision of a transit stop. The Transportation Element of the Comprehensive Plan (Objective 1.5) states "the City shall promote. alternative modes of1;ra,nsportation to provide a safe and efficient multi-modal system." Policy 1.5.4 .states ''The City shall d~elop standards for m,a,ximum number of parlcing spaces to encourage walking, blcyclit'lg, ridesharilig, transit use, and shared parking." Policy .1.5.5 states "The City shall review the City Code to address provision of bus stops, bike parking and circulation, pedestrian walkways, and handicap . accessible facilities within new developments and existing developments undergoing substantial improvements. Site plan reviews will ensure that intermodal transfers arc efficiently implemented." Policies 1.6.5 and 1.6.6 require coordination of bus stops with LYNX to ensure the stops w;ill be convenient for the handicapped and that they accommodate the special needs of the transportation disadvantaged. Most of the more than 500 proposed parking spaces are depicted on the attached concept sketch away from residences. The storm-water ponds arc located on the interior of the site. The four lighted fast pitch sbftball fields arc located on the interior of the site. Two of the large rectangular multi-pwpose fields appear to be located far enough from the residences. The other two large rectangular multi-purpose fields are located largely within the PUD portion of the site, inay be intersected by the existing power line, and are not part of the conditional use request. These fields arc approximately 200 feet from the residences and stafl'belicves that if they arc provided, they should not be lighted (when the PUD iisue is addressed and a tull site plan is provided). The lights are proposed to extend to 60 or 70 feet in helght and need to be shorter and incorporate cut-offlight sources to protect neighboring residential properties froni glare {Sec. 20- 481 (h)). No off-site spillage beyond 0.5. foot candle will be allowed. Policy 1.4.2 of the . Recreation and Open Space Elentent states "The City Hall evaluate the feaslbillty of . pr~vidlng lights.at the various courtJ and fields. However, no lights shall be installed if they would have a negative impact on a residential nelghborhood." . The CitY's Comprehensive Plan sets a level of service (WS) for parks in the Recreation and Open Space Element. Policy l.l.S of that element states that "The City .haU designate upon the Future Land Use Map, loCation. witblD projected growth areas for public park purposes." Map No. VI-4 in the Recreation and Open Space Element depicts letta Point within a broad ''target area for new parks," that extends generally from the Town Center eastward to De Leon Street and encompasses the northern portion of the Tuscawilla PUD. Obviously, any site plan must provide adequate handicap accessibility and should provide meaningful recreational experiences for the elderly and those with physical impainncnts. The Recreation and Open Space Element text states, regarding youth play areas, that where elevated play components are provided, additional ground level play equipment must be provided and incorporated into the same play areas. At least SO pctceDt of the elevated play components must be located on an accessible route and COMccted by a ramp. The inclusion of soft contained play structuies would also provide recreational opportunities for children with disabilities. . .October 6, 2005 Public Hearing Item 40 I Page 4 Although not mentioned in the Comprehensive Plan or City Code, provision of a unisex rest- room with a changing station is important for families who have a large-bodied developmentally disabled person (child or adult). Often, families find these facilities necessary at a park, in order to take their loved one to the park. Staff believes this should be an important consideration for inclusion into the Jetta Point Park. Emergency access to all areas of the park is an important consideration that will be addressed during the site plan process. The higher the level of intensity of use becomes, the more important it becomes to have adequate emergency access from and to different locations. Section 20-33 ofthe City Code sets forth the criteria and process for a conditional use. The findings section, below (see Finding No.6), includes those criteria and the extent to which staff believes the request meets those criteria. FINDINGS: 1. The site comprises at total of approximately 45 acres: approximately 9.5 within the City of Oviedo and approximately 35.5 acres within the City of Winter Springs. 2. The portion of the site within Winter Springs has primarily a Commercial FLU designation; the triangular-shaped area surrounded by trails has a Medium Density Residential FLU designation. 3. Approximately 2/3 of the portion ofthe site within Winter Springs is located within the C-l Neighborhood Commercial zoning district; the remainder is located within the Tuscawilla PUD. 4. The PUD portion of the site is prohibited by the existing development agreement and settlement agreement from receiving a conditional use approval for the proposed park. 5. This conditional use request only applies to the portion of the proposed park that is located within the City of Winter Springs and which is located within the C-l zoning district. It cannot authorize submission and processing of a site plan for a park in either the City of Oviedo or within the Tuscawilla PUD. Site plan approval is a separate function and is required before construction may commence. 6. The Recreation and Open Space Element of the Comprehensive Plan states that the City shall designate upon the Future Land Use Map, locations within the projected growth areas for public park purposes. 7. Map VI-4 ofthe Recreation and Open Space Element of the Comprehensive Plan depicts Jetta Point within the ''target area for new parks." , . October 6, 2005 Public Hearing Item 401 Page 5 8. The Recreation and Open Space Element requires evaluating the feasibility of providing lighting at courts and fields, stating that no lights shall be installed if they would have a negative impact on a residential neighborhood. 9. The Transportation Element of the Comprehensive Plan requires the City to promote alternative modes of transportation and for site plan review to address bus stops, bike parking and circulation, pedestrian walkways, and handicap accessible facilities within new developments. Provision of the proposed park meets the statutory definition of development (sections 163.3221 and 380.04, Florida Statutes). 10. Pursuant to Section 20-33 of the City Code, "all conditional use recommendations and final decisions shall be based on the following criteria to the extent applicable: a) Whether the applicant has demonstrated the conditional use, including its proposed scale and intensity, traffic-generated characteristics, and off-site impacts, is compatible and harmonious with adjacent land uses, and will not adversely impact land use activities in the immediate vicinity." Staff believes a park, at the proposed scale and intensity depicted only within the portion of the site located within the C-l zoning district, may be compatible and harmonious with the adjacent land uses and not adversely affect land use activities in the vicinity. This will require modifying the proposed lighting proposal and may affect the frequency and scheduling of tournaments and other intense events. A traffic study and parking verification must be provided to demonstrate safe and efficient ingress and egress as well as adequate on-site parking for the park and the trail. Staff believes compatibility and harmony will largely be determined by what happens between the portion of the site located within the C-l zoning district and the Eagles Watch subdivision (the portion of the site within the PUD). b) "Whether the applicant has demonstrated the size and shape of the site, the proposed access and internal circulation, and the design enhancements to be adequate to accommodate the proposed scale and intensity of the conditional use requested. The site shall be of sufficient size to accommodate design amenities such as screening, buffers, landscaping, open space, off-street parking, and similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use." Staff believes that the size and shape of the site can accommodate a combination active and passive park. The extent, if any, of the need for additional on-site and/or off-site improvements, additional parking, will be realized when the additional studies, parking verification, and other information have been provided. Modifying the proposed lighting to lower the light sources is very . , ,October 6, 2005 Public Hearing Item 40 I Page 6 important. As previously stated, what is provided or not provided within the portion of the site within the Tuscawilla pun is one of the major factors for determining the adequacy of screening and buffering. c) "Whether the proposed use will have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values." Staff believes that this proposed use will have a positive impact on the local economy, employment, and property values. Property values typically increase adjacent or near to a park. d) "Whether the proposed use will have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards." Staff believes that the proposed use will not have an adverse impact on the natural environment. Hours of operation need to be agreed upon; the frequency and intensity of tournaments within the site and activities within the PUD portion of the site must be specified no later than with the final engineering/site plan. Wetland and floodplain determinations, soils/drainage report, tree survey and a listed species survey must be provided with the imal engineering/site plan submittal. Construction may not commence until a SJRWMD storm-water permit or letter of exemption is issued, any listed species are adequately addressed, specimen trees preserved or replaced, and wetlands and their buffers are protected or mitigated. The Comprehensive Plan (Infrastructure Element Policy IV-B-4.7 requires 50 percent of required landscaping (landscape plan with imal engineering/site plan) to be xeriscaping and native plant materials. Infrastructure Element Policy IV -D-4.6 requires the planting of littoral zone vegetation in storm-water ponds and/or lakes to provide a natural system for the uptake of nutrients and other constituents transported by storm-water runoff. This is also addressed through the site plan process. e) "Whether the proposed use will have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources." Staff does not believe that the proposed use will have or create any of these adverse impacts. t) "Whether the proposed use will have an adverse impact on public services, including water, sewer, surface water management, police, fire, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities." . October 6, 2005 Public Hearing Item 401 Page 7 Staff does not believe that the proposed use will have or create any of these adverse impacts, subject to addressing the north-south power line, providing a traffic study, providing all necessary improvements (if determined by the study), verification that adequate on-site parking is being provided for the intensity of the events, providing necessary emergency access, providing bike racks at appropriate locations, passing the City's storm-water management criteria, providing littoral plantings in storm-water ponds, and receiving a SJRWMD MSSW permit. g) "Whether the proposed use will have an adverse impact on housing and social conditions, including variety of housing unit types and prices, and neighborhood quality." Staff does not believe that the proposed use will have or create any of these adverse impacts. Parks typically enhance the value of adjacent and nearby residential areas. The adjacent and nearby residences must be adequately buffered from noise and lights and must not be exposed to additional crime. RECOMMENDATION: Staff recommends the proposed conditional use to allow a Seminole County park on the portion ofthe approximately 35.5 acres that is located within the C-I zoning district (not within the PUD) ofthe City of Winter Springs be approved for a park, the intensity of use and hours of operation which shall be subject to adequately addressing traffic, on-site parking, lighting, buffering, emergency access, and the power line, as well as the area within the PUD, during the site plan process. If the Joint Planning Agreement route is taken, as has been recommended by the City Attorney, these issues should be addressed through that document as well. BOA ACTION: ATTACHMENTS: A - Location Map B - Application Package C - Current and Future Land Use ATTACHMENT A H G F " ==:::> EAS:r S!ATI: RD 434 1503 N 0(') 'Cl N bl) j:l., 'B E '::I g U D 1 Continued Pg 2625 2 I I I I I I , I I I I I I I I I I i I f I I I I I I ! c B A 3 4 5 Continued Pg 2626 6 7 8 .~ "'~ NOTES: ".~ ,- Municipal Address Map Book PRINTED: REVISED: Apr 2005 1: City of Winter Springs, FL o 200 ~-J"_"""?_ 0400 . Feet 2: 3' ap Page Developed By: Southeastern Surveying & Mapping Corp. 2618 CITY Of Oviedo OUT Page Developed By: Southeastern Surveying cl Mapping Cotp. 2626 ATTACHMENT B CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, FL 32708 407-327-5966 FAX: 407-327-6695 BOARD OF ADJUSTMENT APPLICATION o CONDITIONAL USE I SPECIAL EXCEPTION o VARIANCE o WAIVER APPLICANT: PBS&] (Abra Horne. A/CP. Garv Carlin. PE. and David Larsen. RLA) Last First Middle MAILING ADDRESS: 482 South Keller Road PHONE & EMAIL Orlando. Florida 32810 City State 407-806-4493 and ae!zorne@pbs;.com Zip Code If Applicant does NOT own the property: PROPERTY OWNER: Seminole County Government. Board of County Commissioners Last First Middle MAILING ADDRESS: 1101 East First Street Sanford. Florida 32771 City State Zip Code PHONE & EMAIL 407-665-7375 and Malter@seminolecountvf[.fWv This request is for the real property described below: PROPERTY.WDRESS: Jetta Point Road TAX PARCEL NUMBER: M ultiple Parcels (see Attachment "A") SIZE OF PARCEL: 44.75 acres (approximatelv 1.950.000 SQuare feet) Acres EXISTING LAND USE: Vacant commercial & P UD properties (see Attachments "E" and "C") Current FUTURE LAND USE Classification: Commercial. Conservation. and Medium Density Residential Current ZONING Classification: C-1. Neh!hborhood Commercial & PUD (see Attachment "C") Please state YOUR REQUEST: ReQuest a conditional use to allow Seminole County to build a public park and associated recreational facilities. (see Attachments "D" and "E") 1 The APPLICANT IS RESPONSIBLE for posting the blue notice card (provided by the City) on the site at least SEVEN (7) DAYS prior to the Board of Adjustment Meeting at which the matter will be considered. Said notice shall NOT be posted within the City right-of-way. All APPLICANTS shall be afforded minimal due process as required by law, including the right to receive notice, be heard, present evidence, cross-examine witnesses, and be represented by a duly authorized representative. The CITY COMMISSION shall render all final decisions regarding variances, conditional uses and waivers and may impose reasonable conditions on any approved variance, conditional use or waiver to the extent deemed necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the City Code and Comprehensive Plan. All formal decisions shall be based on competent substantial evidence and the applicable criteria as set forth in Chapter 20, Zoning. APPLICANTS are advised that if, they decide to appeal any decisions made at the meetings or hearings with respect to any matter considered at the meetings or hearings, they will need a record of the proceedings and, for such purposes, they will need to insure that a verbatim record of the proceedings is made, at their cost, which includes the testimony and evidence upon which the appeal is to be based, per 286.0105, Florida Statutes. Any CONDITIONAL USE, VARIANCE, or WAIVER which may be granted by the City Commission shall expire two (2) years after the effective date of such approval by the City Commission, unless a building permit based upon and incorporating the conditional use, variance, or waiver is issued by the City within said time period. Upon written request of the property owner, the City Commission may extend the expiration date, without public hearing, an additional six (6) months, provided the property owner demonstrates good cause for the extension In addition, if the aforementioned building permit is timely issued, and the building permit subsequently expires and the subject development project is abandoned or discontinued for a period of six months, the conditional use, variance or waiver shall be deemed expired and null and void. (Code of Ordinances, Section 20-36.) THE FOLLOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION: D A copy of the most recent SURVEY of the subject property. D A copy of the LEGAL DESCRIPTION reflecting the property boundaries. D 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications on the ADJACENT PROPERTY. D JUSTIFICATION for the Request (See Attached List) D NAMES and ADDRESSES of each property owner within 150 ft. of each property line. D Notarized AUTHORIZATION of the Owner, IF the Applicant is other than the Owner or Attorney for the Owner (see below). D APPLICATION FEES: FEES are as SHOWN BELOW plus ACTUAL COSTS incurred for ADVERTISING or NOTIFICATION, and for REIMBURSEMENT for TECHNICAL 'and/or PROFESSIONAL SERVICES which may be required in connection with the review, inspection or approval of any development (based on accounting submitted by the City's Consultant) , payable prior to approval of the pertinent stage of development. CONDITIONAL USE I SPECIAL EXCEPTION WAIVER VARIANCE $ 500 $ 500 $ 500 TOTAL DUE $500 2 By submitting this application you hereby grant temporary right of entry for city officials to enter upon the subject property for purposes of evaluating this application. ************************************************************************************** FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT REAL PROPERTY: This is to certify that I am the Owner in fee simple of subject lands described within this Application for Board of Adjustment consideration: Signature of Owner Sworn to and subscribed before me this day of 20_, Notary Public My Commission expires: Personally Known Produced Identification: (Type) Did take an Oath Did not take and Oath ************************************************************************************** FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT REAL PROPERTY: " .~';~- ,.......'."..lliiIf>l!i.R~_ III1jj!t~zt) . .......... '.' ..' . ...... ' ._..Jpqr.i.......'e'~.'I__..--... ",,",-""',,','''' "",;,,,,.< "-,, ,.. --- , - ... --- . ..- &.tl'!\L.";'~;~i:'__')<'_= _ _" _ _' ,_ _ _ , " ". ************************************************************************************** 3 WAIVER REQUEST A waiver request requires the property owner to clearly demonstrate that the applicable term or condition (the subject of the waiver request) clearly creates an illogical, impossible, impractical, or patently unreasonable result [Winter Springs Code of Ordinances, Section 20-34 (a)]. Please explain how your request meets this requirement (use a separate sheet if necessary). In addition to the standard set forth in Section 20-34 (a), a waiver requires compliance with all six (6) criteria enumerated in the Winter Springs Code of Ordinances, Section 20-34 (d). Address each of the following conditions related to the variance request. Attach additional paper as necessary: ~ o What is the Waiver you are requesting? o Is the proposed development plan in substantial compliance with Chapter 20 of the City's Code of Ordinances and in compliance with the Comprehensive Plan? o Will the proposed development plan significantly enhance the real property? o Will the proposed development plan serve the public health, safety, and welfare of the City of Winter Springs? CONTINUED ON NEXT PAGE 4 o Will the waiver diminish property values in or alter the essential character of the surrounding neighborhood? Ols the waiver request the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter? o Is the proposed development plan compatible with the surrounding neighborhood? 5 VARIANCE REQUEST Taken from Winter Springs Code of Ordinances, Section 20-32(d): Address each of the following conditions related to the variance request. Attach additional paper as necessary: o What is the Variance you are requesting? o What special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district? o Are these special conditions and circumstances the result of actions by the applicant? o How will a literal interpretation of the provisions of the zoning district deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and work unnecessary and undue hardship on the applicant? 6 o Will granting the variance, confer any special privilege that is denied to other lands, buildings or structures in the same zoning district? o Is the variance, as requested, the minimum variance that will make possible the reasonable use of the land, building or structure? o How is the variance in harmony with the general intent and purpose of the zoning district? o Will granting the variance be injurious to the neighborhood or otherwise detrimental to the public welfare? o Identify how the request is consistent with the objectives and policies of the Comprehensive Plan: 7 CONDITIONAL USE PERMIT REQUEST Taken from Winter Springs Code of Ordinances, Section 20-33(d): All Conditional Use recommendations and final decisions shall be based on the following criteria to the extent applicable. Attach additional paper as necessary: o What is the Conditional Use you are requesting? On behalf of the Seminole Countv Board of Countv Commissioners and the Seminole County Department of Library and Leisure Services. PBS&J respectfullv reauests approval of a conditional use permit to permit a public park within the C-l. Neighborhood Commercial. Zoning District and the Vista Willa Planned Unit Development (PUD). as provided for bv Sections 20-234 and 20-353 respectivelv. The park to be located at the Jetta Point property is envisioned as a communitv centerviece park providinf! diverse recreational and leisure opportunities as well as a respite stop alonf! the Cross Seminole Trail. The concevtuallavout for the park proposed to be located at the Jetta Point propertv is included as Attachment "G" and shown smaller in the picture (right>. The park to be located at the Jetta Point propertv is an active recreation park for Seminole Countv that will be located south of State Road 434 and west of State Road 417( Seminole Expresswav/Greenewav) adiacent to an existinf! Cross Seminole Trailhead. As depicted on the attached concevt plan. the proposed The park to be located 8 at the Jetta Point vropertv mav include such active and vassive recreation facilities as: Cross Seminole Trail connections; four liRhted softball fields; four liRhted rectanRular multivurpose fields; a destination vlaVRround; a tot lot; eQuestrian facilities; six pavilions; various kiosks; several concession stands; restrooms; ancillary office svace; varkinR; and a three-acre stormwater retention vond. In addition. most of the vrovosed vark land will include vervious surfaces and wetlands that will be vreserved. The vrovosed vark is located ad;acent to various multimodal transvortation facilities so that Seminole Countv and Winter Svrings residents mav access the vark as cvclists. vedestrians. or drivers as avvrovriate to their recreation activities (softball. soccer. cvclinR. nature trails. etc. ). o How is the Conditional Use (including its proposed scale and intensity, traffic- generating characteristics, and offsite impacts) compatible and harmonious with adjacent land uses? 1. Alcoholic beveraRe on-v remises consumvtion (bars and restaurants); The vrovosed scale and development intensitv of The park to be located at the Jetta Point vrovertv would have siRnificantlv fewer off-site imvacts that a varietv of permitted uses allowable within the C-I - Neighborhood Commercial (shown in pink at riRht) and Vista Willa P UD Districts (shown in blue at riRht). Examvles of vermitted uses within the C-I and Vista Willa PUD Districts include: 2. Animal hospitals and RroominR (with no outside kennels); 3. Avvliances. sales and service (Best Buv. Circuit City. Sears. etc. ); 9 4. Automotive accessories sales (NAPA, Advance Auto Parts. etc.); 5. Bookstores. office suvvlies. newsstands (Borders. Office Max. etc. ); 6. Comvuters/ electronics sales and service (Circuit Citv. Geek SQuad. etc.) 7. Covv shops (Kinko's. American RevroRravhics. NGI. UPS. etc.); 8. Dry Cleaners; 9. DruR and sundry stores (CVS. WalRreen's. etc. ); 10. Financial institutions. banks. savinRs and loan (Sun Trust. etc. ); 11. Furniture. retail. new and used (Thomasville. Ashlev. Brovhill. etc. ); 12. Grocers. retail sales of produce. & meats but not the sale of Rasoline; 13. Hardware stores (Ace. Lowe's. Home Devot. etc.); 14. Health and exercise clubs/ facilities (Ballv. Gold's Gvm. etc. ); 15. Hospitals. and nursinR homes; 16. Medical and dental clinics and laboratories; 17. Nurseries. plants. trees. etc.. retail (includinll outdoor display and sales ); 18. Offices. medical. vrofessional. and business; 19. ParkinR garaRes; 20. Private clubs ana loalles; 21. ReliRious assembly (churches and other reliRious institutions); 22. Retirement homes; 23. Schools. public. vrivate and parochial, service vocational schools (such as cosmetoloRV. medical and dental assistant's traininR) reQuirinR no mechanical equipment; 24. Televhone business office and exchanRes and telemarketers (No disvatch); 25. Tov stores (Tov 'R' Us. etc.); and 10 26. Wearin.!! apparel stores (Macy's. Sears. Ross. etc. ). The traffic impacts of The park to be located at the Jetta Point propertv will be si.!!nificantly less (see Attachment "F" AnticiDated Traffic) than the impacts associated with the permitted intensitv of a 44-acres development that could include an office complex. hospital. laboratory. and parkin.!! .!!ara.!!es or those anticipated in coniunction with a maior retail development that could include several department stores. furniture stores. bi.!!-box retail stores. restaurants. bars. and parkin.!!. Beyond traffic impacts. the proposed park would be a less intense use of vacant land than the above listed scenarios. Unlike most conditional use permit applications. the proposed park facility may be expected to create positive off-site impacts by providin.!! additional leisure and employees. Existin.!! surroundin.!! park locations are shown in the map (ri.!!ht). The proposed park would be considered hi.!!hly compatible with nearby residential and commercial uses because park visitors may include office. retail. and other local emvloyees on their lunch hours as well as the residents and families of Winter Svrin.!!s. Oviedo. and Seminole Countv. The communities that may consider The park to be located at the Jetta Point propertv the most compatible with the existin.!! character would likely include the homeowner's of Ea.!!le's Watch and Tuscawilla since the vacant land where the park will be located could have iust as easily been sold to a commercial real estate broker who would have pursued the hi.!!hest and best use of these 45 acres. 11 The facilities at the orooosed oark would be connected to City of Winter Springs ootable water. sanitary sewer, and reclaimed water systems at build-out; however. the Equivalent Residential Units (ERU's) associated with the restrooms at the oark and its ancillary facilities (an estimated 24-30 ERU's) would be sifmificantly less than the relative imoacts of a hosoital. office buildinf? nursinf? home. several restaurants, larf?e retailers, or strio mall (over 100 ER U' s). It should be noted that there is insufficient reclaimed water capacity to orovide irrif?ation for all of the ball fields today. Seminole County would provide irrigation wells in the meanwhile but addinf? this larf?e future reclaimed water service area will imorove the City's chances of obtaining future DEP oermits. Based uoon calls for service, The park to be located at the Jetta Point property would have fewer oolice. fire, and emerf?ency service impacts than any commercial develooment that would have or could have been built at this location f?iven the current zoninf? and future land use classifications. The number of calls for service would be significantly lower for two orincioal reasons. First. the number of oersons visiting the prooosed park per square foot would be lower even durin!! oeak hours than at a strio mall or office oark. Second. the total SQuare footaf?e of buildinf?s will be significantly lower at the orooosed park located at the Jetta Point orooerty (see the enclosed conceotual olan) than for a variety of other permitted development scenarios. As such. the average annual number of calls for emergency services and false alarms would be lower at a oark than for a retail. commercial. office. or medical use oermitted within the existinf? zoninf? districts. Another unique aspect of The oark to be located at the Jetta Point orooerty is that oersons arrivinf? by car from outside of the City may not imoact sif?nificant oortions of the local roadway network should they choose to utilize SR 417. Beyond that this oark will offer recreational oooortunities for area residents and employees. In summary. we anticioate fewer impacts in terms of traffic. ootable water consumotion. sanitary sewer consumotion. police. fire. and emergency services than 12 that of any commercial or retail development that would have or could have been located at this location Riven the current zoning and future land use classifications. In terms of school and park impacts. we would anticipate an improvement in terms of level of service and Quality of life considerations. The conditional use is compatible with the adiacent land uses because it will serve the surroundinR areas. The recreational and park facility can be accessed by local users by foot. bicycle or vehicle. The scale of the project reflects the adjacent residential mix of medium and low density with a multiplicity of on-site recreational resources. including equestrian facilities. trails. multi-use fields. softball diamonds. and children's play areas. o Will the Conditional Use adversely impact land use activities in the immediate vicinity? If no, why not? No. The proposed park would positively impact land use activities in the immediate vicinity by servinR the surroundinR neiRhborhoods. local employees. and the community in Reneral. The proposed park borders SR 417 to the east. SR 434 to the north. the Cross Seminole Trail (shown in black dashed line in the picture riRhtJ to the south and the EaRle's Watch Community to the west as well as some pendinR commercial development to the west and an existinR Black Hammock Trailhead. The proposed park is compatible with the existinR conservation efforts associated with the Cross Seminole Trail. which provides public access to the site for alternative transportation modes (bicycles and pedestrians ). 13 The proposed park would not adversely impact theadiacent residential land uses. but would enhance these land uses throuf!h more f!reen space and access to public recreational facilities. The proposed park is consistent with the Winter Sprinf!s Comprehensive Plan since it is located in a "Tarf!et Area for New Parks #5 (shown below)." Jetta Point Park. if approved. would enhance the quality of life for both children and adults in Winter Sprinf!s. Oviedo. and Seminole County by establishing additional park lands located in close proximity to the Cross Seminole Trail. an existing trailhead. Keeth Elementary. Lawton Elementary.. Rainbow Elementary. Indian Trails Middle. Winter Sprinf!s Hif!h. and Oviedo Hif!h Schools. It should also be noted that the adiacent Tuscawilla PUD represents about 10.000 residents who have significant cumulative park. recreation. and leisure service needs. The proposed park would be located within walkinf! distance of the residents of the nearby residential communities of Courtney Sprinf!s (252 units). Howells Creek ReserveIEaf!le's Watch (263 homes). Wicklow Greens (48 homes). Glen Eagle (257 homes). Oak Forest (935 homes). Tuscawilla (4.500 homes). Carrington Woods (79 lots). Chelsea Woods (295 homes). Howell Creek Reserve (253 homes). The Reserve (78 homes). and many other alon!! State Road 434 and the Cross Seminole Trail. As such. the proposed Conditional Use is compatible with the adiacent commercial and residential properties and would benefit local residents. their children. and employees in the area. The park to be located at the Jetta Point property would not adversely impact land use activities in the immediate vicinity. but would complement existinf! land use activities. i , .....No-IoW. ....._..__ ~ ."!:.J)~J)dt{l>Il'l"'"M<~ ~.~:l,_.","_..,,",<<"'1 ;~;,~~ ~~...... K"" 14 o Demonstrate how the size and shape of the site, the proposed access and internal circulation, and the design enhancements are adequate to accommodate the proposed scale and intensity of the conditional use requested. The site shall be of sufficient size to accommodate design amenities such as screening buffers, landscaping, open space, off-street parking, and other similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use. The vrovosed site would include 44.75 acres of land (see Attachment "GH) vrovidinf! a sif!nificant Seminole County investment in vark facilities and oven svace. The vrovosed vark concevt (see Attachment "GH) vlan demonstrates that the site is sufficiently larf!e and adeauately confif!ured to accommodate the planned facilities. multi-modal site access. internal circulation. and design enhancements to serve the f!eneral vublic and protect ad;acent vroverty owners from encroachment. For examvle. the elevated landscaved berms are located alonf! the western boundary of the vark and the ma;ority of the varkinf! will be located along the eastern proverty lines to vrovide both noise and lif!htinf! buffers. This layout allows the parkinf! areas to serve as a buffer between the vark and SR 417. The concept vlan for the provosed vark to be located at the Jetta Point vroverty identifies a sif!nificant unvaved area includinf! "multi-use fields. softball diamonds. trails. vicnic areas and a vond" which would amount to over 38 acres of vervious area. There would be 4.7 acres of imvervious surface to vrovide for access. internal circulation and more than 500 varkinf! svaces. The site is buffered by a berm and landscavinf! on the side ad;acent to the residential area. Landscavinf! is vlanned for common areas. as well as with the various recreational elements. One-auarter of the vrovertv is dedicated to conservation. Desif!n amenities such as oven svace and landscavinf! are inherent to the provosed vark and are sufficient to mitif!ate any votential imvact resultinf! from the imvervious surface areas. 15 . " The closest multi-purpose lighted ball field is located avvroximately 200 feet from the closest homes in Eaf!le's Watch. As shown in the photof!ravhs below, properly designed lif!hts do not svillover onto adiacent properties even when the lif!hts are 60 to 70 feet in height. The vroposed ball field lif!hts will be metered and if!nited separately based upon need. The recreational level of lightinf! will be vrovided at 30/50 foot candles (see photof!ravhs belowfor examvles ofnif!ht time lightinf!). The varkinf! lot and vathway lif!htinf! shall use a conservative architectural 400 watt metal halide lif!htinf! fixture mounted on a tavered concrete vole of varyinf! heif!hts to vrevent lif!ht svillaf!e. In summary, the provosed development is a vublic vark with outdoor recreational elements which classifv it as oven space. o Will the proposed use have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values? If no, why not? No. It is anticivated that the vark will have a vositive economic imvact by improvinf! the value of the adjacent residential communities within ~ to 0 mile (a reasonable walkinf! distance). Proverty owners who reside nearby would anticivate beinf! able to walk to the new vark and may feature this amenity when evaluating home values. The vrovosed Conditional Use. if avvroved. would have a nominal imvact on the ad valorem tax base by removinf! the vossibility of develovment of 45 acres for commercial purvoses; however. this is more than offset by the likely increase in adiacent home values and the reduction in reQuired services. The provosed vark would not adversely imvact vroverty 16 . , values. but rather increase vrovertv values because of the vroximitv and access to vublic recreational facilities. The vrovosed vark would include recreational facilities that would require manaf!ement and maintenance staff vrovided bv Seminole Countv. therebv providinf! emvlovment ovvortunities for area residents. The park to be located at the Jetta Point vrovertvwill serve as a f!atewav to the Citv of Winter Svrinf!s that area residents. visitors. emplovers. and votential emvlovers will observe from SR 417 as thev enter the Citv. One of the kev factors in choosinf! to live or work in a communitv is Qualitv of life. The vrovosed Conditional Use. if avvroved would enhance the real and verceived Qualitv of life in Winter Svrings. As such. there would be no real adverse imvact on the local economv or the ad valorem tax base. because it would enhance the character of the area and potentiallv increase economic investment. The fiscal imvact to the f!overnment would be outweif!hed bv the vositive economic impact that the vrovosed vark would have on the communitv. 17 . . o Will the proposed use have an adverse impact on natural environment, including air, water, and noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards? If no, why not? No. The vark will vrovide additional oven space and vreserve the natural vegetation therebv improvim! the aualitv of air and water while vrotectinJ! the natural environment. increasinJ! open svace. and reducinJ! local flood hazards. AlthouJ!h there mav be intermittent noise J!enerated bv versons attendinJ! ball J!ames veriodicallv. the vrovosed landscave buffer would mitiJ!ate the imvacts associated with this noise. In addition, there . . are a number of permitted uses such as a nursinJ! home. hosvital. and various large scale commercial develovments that would J!enerate a siJ!nificant amount of noise associated with around the clock truck deliveries and sirens. The concept vlan for the vroposed vark would also vreserve a wetland conservation area while J!reatlv improvinJ! the aesthetics of the site. Bv preservinJ! oven svace. the vrovosed use would enhance the votential habitat for wildlife in the J!eneral vicinity. The vroposed park would not have an adverse imvact on the natural environment. The vrovosed use would imvrove the natural environment in the area. The vrovosal vrovides for more oven space and additional veJ!etation. The site also includes a vreserved wetland area and a stormwater retention vond desiJ!ned as a buffer and site amenitv. In summarv. the vrovosed use would not have an adverse imvact on the natural environment includinJ! air. noise. vollution. veJ!etation. wildlife. oven svace. or floodinJ!. 18 . . o Will the proposed use have an adverse impact on historic, scenic and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources? If no, why not? No. There are no cultural or historic resources on the site and an improvement in the current "view or vista" is anticipated. It is anticipated that the park may act as a visual and noise buffer between residential uses and the Greeneway (SR 417). The proposed facility enhances neighborinR community resources such as the Cross Seminole Trail and the Black hammock Trailhead. The addition of more open space in this area improves the views and vistas created by these facilities. The proposed recreational facilities provide a community center thereby providinR a new cultural resource for the community for recreational activities. o Will the proposed use have an adverse impact on public services, including water, sewer, surface water management, police, fire, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities? If no, why not? No. This site will offer improved public services in that it is a public park. No adverse impacts to other services are anticipated. The proposed park would reQuire additional public services for operation but these services would be provided by Seminole County staff and would not adversely impact the operations of the City of Winter SprinRs. The proposed use provides additional park and recreation space. The park to be located at the Jetta Point property would improve bicycle and pedestrian facilities because of the relationship to the Cross Seminole Trail. As detailed in item. #1 above. the site would reQuire water and sewer services but the usaRe would not be enouRh to adversely impact the existinR system. The area is already being served by police and fire services and this would continue. Additional public services that would be required for park operations 19 , . . provides for employment opvortunities in the community. The vroposed vark is within an area defined by the City of Winter Svrinfls as a "Tarfleted Area for New Parks" thereby eliminatinfl or reducinfl the need for an additional City Park in this vicinity. o Will the proposed use have an adverse impact on housing and social conditions, including a variety of housing unit types and prices, and neighborhood quality? If no, why not? No. The site vlan has been desiflned to minimize impacts on surroundinfl residences and offers imvroved recreational ovportunities to area residents. The proposed use would not have an adverse imvact on housinfl and social conditions. The proposed park would improve the neiflhborhood quality and provide a substantial benefit .to the residents of Courtney Svrinfls Avartments. The ad;acent residential communities consist on a mix of unit types. includinfl low and medium density housinfl. This is exvected to remain the same accordinfl to the future land use vlans for the City of Winter Sprinfls. The vark may increase local vroverty values because of the proximity of the housinJ! to the recreational facilities vrovided by the park. 20 Jetta Point Park Concept Site Plan Current Future Land Use, September 2006 SR 434 Proposed Future Land Use, Sept 2006